PENGARUH VIRALNYA KEJAHATAN DI MEDIA SOSIAL TERHADAP PENEGAKAN HUKUM PIDANA DILIHAT DARI ASAS EQUALITY BEFORE THE LAW

Abstract

Crimes that go viral on social media have an impact on law enforcement, many crime
cases that go viral on social media are starting to be highlighted by law enforcement, the lack
of response by law enforcement to viral cases makes the public angry so that the lack of a sense
of justice that people feel causes hashtags to appear.#noviralnojustice, for example the victim
of a robbery who is made a suspect for killing a robber, this is clearly not in accordance with
Article 49 Paragraph (1) Number 1 of 1946 of the Criminal Code, he should not be made a
suspect for reasons of justification, the act of defense is forced for himself or others. Then the
police who do not take reports seriously, this is not in accordance with the duties and
authorities of the police in Article 13 of Law Number 2 of 2002 concerning Main Duties of the
Indonesian National Police. Therefore, the purpose of this thesis research is first, to determine
the influence of social media on law enforcement in Indonesia associated with the principle
equality before the law. Second, to find out the law enforcement of the viral case seen from the
side of justice.
This type of research can be classified into the type of normative legal research. In this
type of legal research, law is often conceptualized as what is written in laws and regulations
or law is conceptualized as rules or norms which are benchmarks for human behavior that are
considered appropriate. Therefore, the first data source is only secondary data, which consists
of primary legal materials, secondary legal materials, and tertiary data.
From the results of this study, the first result was obtained, namely, the existence of social
media in the community greatly influences law enforcement, because law enforcement officials,
both police investigators, public prosecutors, judges, in carrying out law enforcement have
caused uproar that is felt in society, especially the issue of justice, because in cases of robbery,
the police do not see any justification in Article 49 Paragraph (1) of Law Number 1 of 1946
which law enforcers are supposed to be fair in providing legal clarity to the public, just the
opposite. With social media, the public can monitor the proper law enforcement process.
Second, justice is an ideal value that humans always strive for, but in reality, achieving justice
as an ideal value is very complex and never complete, in a rule of law country like Indonesia,
efforts to achieve justice are very important and should not be ignored. The influence of justice
on law enforcement has an important role. However, in reality, Indonesian people tend to use
social media as a means to encourage faster and fairer law enforcement.
Keywords: Crime, Social Media,Asas Equality Before The Law